Full Description
This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives.
This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have beenachieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond.
The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.
Contents
INTRODUCTION.- PART ONE: CONSTITUTION-MAKING, CHANGES AND PHILOSOPHY.- CHAPTER 1: THE MAKING OF THE CONSTITUTION OF BANGLADESH AND MAKING IT WORK.- CHAPTER 2: CONSTITUENT ASSEMBLY DEBATES ON THE BANGLADESH CONSTITUTION: INTENTIONS, INSIGHT, AND IMPLEMENTATION.- CHAPTER 3: SECULARISM AS A STATE POLICY, STATE RELIGION, AND MINORITY RIGHTS IN THE CONSTITUTION: BENIGN OR MALIGN FOR COMMUNAL HARMONY IN BANGLADESH?.- CHAPTER 4: CONSTITUTIONAL RECOGNITION OF CUSTOMARY INTERNATIONAL LAW IN BANGLADESH.- CHAPTER 5: CONSTITUTIONAL CHANGES IN BANGLADESH: UNDERSCORING THE NEED FOR PUBLIC PARTICIPATION IN THE PROCESS.- PART TWO: ORGANS OF THE STATE, CONSTITUTIONAL INSTITUTIONS AND THEIR FUNCTIONS.- CHAPTER 6: ROLE OF PARLIAMENT IN ENSURING DEMOCRATIC ACCOUNTABILITY IN BANGLADESH: SETTING THE AGENDA FOR A STRENGTHENED PARLIAMENTARY SYSTEM.- CHAPTER 7: CONSTITUTIONALISATION OF GOOD GOVERNANCE AND HUMAN RIGHTS: WHERE DOES BANGLADESH STAND AT FIFTY YEARS?.- CHAPTER8: MECHANISMS FOR JUDICIAL ACCOUNTABILITY IN THE CONTEMPORARY WORLD: WHITHER BANGLADESH?.- CHAPTER 9: FIFTY YEARS OF ELECTIONEERING IN BANGLADESH: THE COLLAPSE OF A CONSTITUTIONAL DESIGN.- PART THREE: SPECIALISED CONSTITUTIONAL RIGHTS AND ISSUES.- CHAPTER 10: RESTRICTIONS ON THE CONSTITUTIONAL FUNDAMENTAL RIGHTS IN BANGLADESH: WEDNESBURY UNREASONABLENESS AND PROPORTIONALITY.- CHAPTER 11: PROTECTION THROUGH CONSTITUTIONAL GUARANTEES: THE CASE OF WOMEN, CHILDREN, AND BACKWARD SECTIONS OF THE PEOPLE.- CHAPTER 12: THE 'INTERNATIONAL CRIMES' EXCEPTION TO THE FUNDAMENTAL RIGHTS REGIME OF THE BANGLADESH CONSTITUTION.- CHAPTER 13: ENVIRONMENTAL CONSTITUTIONALISM IN BANGLADESH: FROM RECOGNITION TO PRACTICE IN THE 21ST CENTURY.- CHAPTER 14: TOWARDS A CONSTITUTIONAL LAW FRAMEWORK FOR FOREIGN DIRECT INVESTMENTS AND INTELLECTUAL PROPERTY RIGHTS REFORM: THE CASE OF BANGLADESH.- CHAPTER 15: REFUGEE PROTECTION UNDER THE CONSTITUTION OF BANGLADESH: THE ROHINGYA REFUGEES IN CONTEXT.- CHAPTER 16: OCEANGOVERNANCE AND THE CONSTITUTION OF BANGLADESH: EMERGING RIGHTS OF THE PEOPLE AND NATURE.- CHAPTER 17: DIGITAL CONSTITUTIONALISM IN BANGLADESH TO PROTECT RIGHT TO PRIVACY IN BIG DATA REGIME.- PART FOUR: CONSTITUTIONAL REMEDIES.- CHAPTER 18: ECONOMIC, SOCIAL AND CULTURAL RIGHTS: TRANSFORMATION OF NON-JUSTICIABLE CONSTITUTIONAL PRINCIPLES TO JUSTICIABLE RIGHTS IN BANGLADESH.- CHAPTER 19: THE WRIT JURISDICTION IN BANGLADESH: IN SEARCH OF A CONSISTENT PROCEDURAL FRAMEWORK.- CHAPTER 20: EMERGENCY POWERS AND MARTIAL LAW UNDER THE CONSTITUTION OF BANGLADESH.- CHAPTER 21: JUDICIAL LAWMAKING IN BANGLADESH: LOOKING BACK AND INTO THE FUTURE.- CHAPTER 22: PUBLIC INTEREST LITIGATION AND THE CONSTITUTION OF BANGLADESH: PAST, PRESENT, AND FUTURE.- BIBLIOGRAPHY.- INDEX.
